GI NEW BROCHURE-SMALL - FILM (112 pages)

["Authorised User Certificate from GI Registry is essential to market the GI goods. In order to encourage the growers and other stakeholders to take Authorised User Certificate for GI tagged spices, Spices Board has issued the following Guidelines for obtaining Authorised User Certificate for GI obtained by Spices Board. I. Producer \/ Producer Groups Invaluable Treasures of Incredible India 1. Spices Board has successfully registered the following spices with the GI registry viz. Malabar Pepper, Alleppey Green Cardamom, Coorg Green Cardamom, Guntur Sannam Chilli and Byadagi Chilli and remains the Registered Proprietor (Custodian) of these five GI tagged spices. The Producers \/ Producer Groups interested in seeking 'Authorized User Certificate' from GI Registry in respect of these spices may follow the procedures given below: a) They may submit application GI-3 ( attached ) along with the following documents by post or courier to : The Registrar of Geographical Indications, GI Registry, Intellectual Property Office Building, G.S.T Road, Guindy, Chennai \u2013 600 032. Email: [email protected], with copy to: Director (Mktg), Spices Board, Sugandha Bhavan, Palarivattom, Kochi-682 025, Kerala. Email : [email protected]. I. Application for the Registration of anAuthorized User( GI-3 format attached). ii. Fee of Rs.10\/- in favour of Bank Demand Draft \/ Cheque drawn in favour of \\\"Registrar of Geographical Indications\\\" Payable at Chennai. iii. Statement of Case to establish how the applicant claims to be the producer of that particular registered Geographical Indication (A brief write up about the GI spice cultivation and post harvest operations practised, including name, address, aadhar number, location, village, District, State, Land ownership, area under GI spice, start of cultivation, cropping season, expected annual production of GI crop, GPS co-ordinates of the location, etc. In the case of farmers groups, details of farmer groups viz. Group registration details, number of farmers, total area under GI, total annual production of GI spice, etc., along with details of farmers). iv. Copies of land document\/ records ( Patta, Land tax receipt, Possession certificate, lease documents, etc. ). v. No objection certificate from the Registered Proprietor (Spices Board). b) Procedure for obtaining NOC: On receipt of the copy of the application at Spices Board, the Board will verify the details submitted by the applicant viz. Name, Address, Aadhar number, Location of the field \/ plot, Village, Taluk, District, State, contact details, Total area (in ha) , GI spice grown( in ha) and variety, through the Board's offices \/ State Agri. \/ Horti. Dept offices, that they produce GI spices in the areas notified for respective GI spices. 93","Invaluable Treasures of Incredible India c) On receipt of verification report, the Board will send the NOC to GI registry recommending theApplicant forAuthorized User registration. d) Upon receipt of the AU Application along with NOC, the GI Registry shall examine the GI AU Application, and upon acceptance notify the same in the GI Journal. Upon completion of 4 months period from publication of Application, if no opposition is received, the GI registry will issue theAuthorised User Certificate to the applicants which is valid for a period of 10 years from the date of filing of AU Application. e) On receipt of Authorized User, the producers \/ producer groups may market GI produce to the buyers \/ exporters. f) Producer \/ Producer Groups shall maintain the records for production and supply of the GI produce to buyers \/ exporters viz. latitude \/ longitude of the plantation, total area \/ yielding area under the GI, variety grown, Year of Production, previous year stock carried forward, Quantity produced, Quantity sold, number of bags, lot number, details of buyer, date of supply, mode of supply, purchase order copy, payment receipt \/ invoice, balance quantity, place of storage- own \/ private godown \/ cold storage, etc. Every year, the anticipated production is also indicated in the beginning of the crop season. g) Authorized users can display the GI tag and common GI logo developed by DPIIT (Department for Promotion of Industry and Internal Trade) in their consumer packs for sale. g) Authorized users can display the GI tag and common GI logo developed by DPIIT (Department for Promotion of Industry and Internal Trade) in their consumer packs for sale. h) The process for renewal of the Authorized User Certificate is same as mentioned above. II. Buyers including Exporters 1. The buyers\/exporters interested in seeking Authorized User Certificate from GI Registry for domestic trade \/ export of the above 5 GI Spices may follow the procedures as given below: a) They may submit application GA-3 ( attached ) along with the following documents by post or courier to the Deputy Registrar of Geographical Indications, GI Registry, Intellectual Property Office Building, G.S.T Road, Guindy, Chennai \u2013 600 032. Email: [email protected], with copy to Director (Mktg), Spices Board, Sugandha Bhavan, Palarivattom, Kochi-682 025, Kerala. e-mail: [email protected]. I) Application for the Registration of anAuthorized User ( GI-3 format attached) . ii) Fee of Rs10\/- in favour of Bank Demand Draft \/ drawn in favour of \\\"Registrar of Geographical Indications\\\"payable at Chennai. iii) Statement of case (a brief write up about the purchase of GI spices for domestic trade\/ export purposes, indicating the details of producers\/ producer groups having a valid Authorised User Certificate). iv) Evidence for sourcing of GI products such as details of the farmers \/ farmer groups having Authorized User Certificate, letter or copy of the contract agreement executed between the farmer \/ farmer groups and buyers. 94","v) GST registration copy \/ PAN copy (for domestic buyers). vi) Copy of Certificate of Registration as Exporter of Spices (CRES) (for exporters) vii) No objection certificate from the Registered Proprietor (Spice Board). 2) Procedure for obtaining NOC: On receipt of the copy of the above application at Spices Board, the Board will verify the documents and issue NoC to GI Registry recommending theApplicant forAuthorized User registration. Invaluable Treasures of Incredible India 3) Upon receipt of theAU Application along with NOC, the GI Registry shall examine the GI AU Application, and upon acceptance notify the same in the GI Journal. Upon completion of 4 months from publication of Application, if no opposition is received, GI registry will issue the Authorised User Certificate to the applicants which is valid for a period of 10 years from the date of filing ofAUApplication. 4) After getting Authorized User Certificate, the exporters \/ buyers may source \/ procure the GI produce from the producers \/ producer groups having valid Authorized User Certificate. 5) The buyers \/ exporters shall maintain the records for purchase as well as sale of GI produce viz. source of purchase indicating name and address of the Producer \/ Producer Groups with their Authorized user Certificate No., date of purchase, quantity purchased, lot number of purchase ; value of purchase, payment details, transport details, quantity used, quantity exported, details of shipping bill, name of buyer, country of export, lot number, packaging type, quantity traded in domestic market, storage details, etc. 6) In case of export of GI spices products, the Board will take samples from the lots intended for exports and test in the Board's laboratory to ensure the compliance of the stipulated parameters of GI produce. Based on the Board's Laboratory Certificate, the GI produce can be exported with GI tag. 7) Authorized users can use common GI logo developed Department for Promotion of Industry and Internal Trade (DPIIT) in their consumer packs intended for domestic sale \/ export. III. Inspection Body 1. The officers \/ scientists nominated by the Secretary, Spices Board will monitor and review the GI specifications in order to ensure the quality of GI products. 2. The Board will take random samples from the farmers \/ farmer groups having Auhroized Use Certificate and test as per GI specifications. 3. In the case of export of GI products, Spices Board will take samples from the GI products intended for export and test as per GI specifications and based on the analytical reports, clearance for exports will be issued. IV. Terms and Conditions for the Authorized User to use GI certification for GI obtained by Spices Board 1. The registration of an Authorized User is valid for 10 years The Authorized User will submit renewal application along with prescribed fee to the GI Registry for renewal. 2. In order to ensure the integrity of the supply chain of GI Spice, the Spices Board, Govt of India as Registered Proprietor shall monitor the quantity of GI Spice exported out of and sold in India, and for each calendar year, all Authorized Users shall submit to the Registered Proprietor an annual report of purchases, sales and inventory of GI Spice in the format given as Annexure -I ( Buyers \/ Exporters) or Annexure-II ( Producers \/ Producer Groups ) as the case may be. 95","Invaluable Treasures of Incredible India 3. At the Registered Proprietor's request, theAuthorized User shall submit to Proprietor a sample of GI Spice sold by the Authorized User and\/or packaging used by authorized User to the Proprietor within two weeks of receipt of such request from the Proprietor. 4. The Registered Proprietor shall have the right to issue Guidelines\/Circulars from time to time for effective administration of the GI registration and such Guidelines\/Circulars shall be binding on theAuthorized Users. 5. The Registered Proprietor shall keep at its office a Register wherein shall be entered the name, address of each Authorized User, the date of his registration, and such other particulars as may from time to time be prescribed or deemed necessary by the Registered Proprietor. 6. The Authorized Users who desire to export as GI Spice shall intimate the Board's office to draw samples of their produce and get it tested in the Board's laboratory. Based on the test results if the sample complies with all the norms prescribed for the GI spice, the Board will issue a certificate to use the GI for the batch lot from which the sample was drawn and tested. The certificate shall be signed by the Scientist from the Board\u2019s Quality Evaluation Laboratory designated for this purpose, based on the analytical report of the sample. 7. The Authorized User shall not use the GI in an unauthorized, misleading or deceptive manner, or in any manner that defames or causes disrepute to the GI Spice. 8. The Authorized User is permitted to use the GI tag for GI Spice if it is sourced from the Producers groups \/ FPOs grown in the Geographical area and conforming to appropriate standards \/ specifications of the GI spice. 9. The Authorized User shall not be permitted to blend the GI Spice with the products of other origin. Any alteration or change in the original\/natural form (without any transformation of the product) shall not qualify for the GI certification. 10. For any violations of the guidelines, the Registered Proprietor may recommend to GI Registry for cancellation of theAuthorized User Certificate. 11. The Registered Proprietor may alter the guidelines in accordance with the provisions of the GIActs or any other law for the time being in force in India. 12. The Registered Proprietor has the right to inspect the premises of the Authorized User. Secretary, Spices Board may authorize such persons as deemed appropriate by it to make inspections and tests. Such persons may include experts, or bodies deemed competent under the relevant food laws and regulations in force in India from time to time. 96","Invaluable Treasures of Incredible India Annexure-I (Buyers \/ Exporters ) ANNUAL REPORT OF TRANSACTIONS \/ INVENTORY OF \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..(GI Spice) FOR THE YEAR............ 1. Authorized User Certificate Number: 2. Name & Address of Authorized User : 3. Details of Quantity sourced for the GI Spice \u2026\u2026\u2026\u2026\u2026\u2026.. Sl Supplier \/ Lot Number of Invoice Grade, if any Quantity No.of No. source of Producer Number & Purchased Packages date (kg) Purchase 4. Details of Quantity Sold \/ Exported for the GI Spice \u2026\u2026\u2026\u2026\u2026.. Year Opening Stock Quantity Quantity Exported \/ Balance \/ Closing Stock (kg) Purchased Sold (kg) (kg) (kg) I\/we hereby certify that the information given above is correct and that we have not concealed any material facts. Place: Signature of Authorized User. Date: 97","Invaluable Treasures of Incredible India (Producer \/ Producer Groups) ANNUAL REPORT OF PRODUCTION \/SUPPLY OF \u2026\u2026\u2026\u2026\u2026\u2026\u2026\u2026..(GI Spice) FOR THE YEAR\u2026\u2026\u2026\u2026\u2026\u2026. 1. Authorized User Certificate Number: 2. Name & Address of Authorized User : 3. Details of Quantity Produced for the GI Spice \u2026\u2026\u2026\u2026\u2026\u2026.. Sl Details of Lot Number of Invoice Grade, if Quantity No.of No the buyer Supply Number & any Purchased \/ bags Date supplied (kg) 4. Details of Quantity produced \/ supplied for the GI Spice \u2026\u2026\u2026\u2026\u2026.. Year Opening Quantity Quantity Supplied to Quantity sold Balance \/ Stock Produced Buyers (Authorised (kg) (kg) User) to general Closing Stock (kg) buyers (kg) I\/we hereby certify that the information given above is correct and that we have not concealed any material facts. Place : Signature of Authorized User. Date : 98","Invaluable Treasures of Incredible India Annexure -III Geographical Indications of Goods (Registration & Protection) Act, 1999 Geographical Indications of Goods (Registration & Protection) Rules, 2002 Form GI 3A Application for the Registration of an Authorized User [Section 17 (1), Rule 56 (1)] Fee: Rs. 10 [ See entry No.3A of the First Schedule] (1) Name of the Applicant (proposed Authorized user ): ___________________________ (2) Address of the applicant __________________________________________________ (3) Address of service (if different from Above) : __________________________________ (4) Registered Geographical Indication for which application is made: _________________ (5) Email id: ________________________________________________________________ (6) Phone\/mobile number:________________________________________ Declaration: (1) I hereby declare that I have enclosed the statement of case and evidence of due service of copy of my application to the registered proprietor (Name of registered proprietor) for____________, registered as a Geographical Indication. (2) I also declare that all the above information is true and correct to the best of my knowledge and belief. (3) I undertake that if any of the information is found incorrect or false, my application may be rejected and if already accepted, my registration maybe revoked and my name removed from Part B of the register. Date: Place: SIGNATURE 99","Invaluable Treasures of Incredible India Q: What is a Geographical Indication? A : A Geographical Indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. Q: What is the benefit of registration of geographical indications? A: It confers legal protection to Geographical Indications in India. Prevents unauthorised use of a Registered Geographical Indication by others It provides legal protection to Indian Geographical Indications which in turn boost exports. It promotes economic prosperity of producers of goods produced in a geographical territory. Q: Who can apply for the registration of a geographical indication? A :Any association of persons, producers, organisation or authority established by or under the law can apply. The applicant must represent the interest of the producers. The application should be in writing in the prescribed form. The application should be addressed to the Registrar of Geographical Indications along with prescribed fee. Q: Who is a registered proprietor of a geographical indication? A : Any association of persons, producers' organisation or authority established by or under the law can be a registered proprietor. Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for. Q: Who is an authorised user? A : A producer of goods can apply for registration as an authorised user. It must be in respect of a registered geographical indication. He should apply in writing in the prescribed form along with prescribed fee. Q: Who is a producer in relation to a Geographical Indication? A: The persons dealing with three categories of goods are covered under the term Producer. Agricultural Goods includes the production, processing, trading or dealing. Natural Goods includes exploiting, trading or dealing. Handicrafts or Industrial goods includes making, manufacturing, trading or dealing. Q: Is a registration of a geographical indication compulsory and how does it help the applicant? A : Registration is not compulsory. Registration affords better legal protection to facilitate an action for infringement. The registered proprietor and authorised users can initiate infringement actions. The authorised users can exercise the exclusive right to use the geographical indication. 100","Q: Who can use the registered geographical indication? A : An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered. Q: What is the validity of the registration of a Geographical Indication? A: The registration of a geographical indication is valid for a period of 10 years. Q: Can a Geographical Indication be renewed? A: It can be renewed from time to time for further period of 10 years each. Q: What happens at the non-renewal of a Geographical Indication? A : If a registered geographical indication is not renewed, it is liable to be removed from the register. Q: When is a registered Geographical Indication said to be infringed? A : When an unauthorised user uses a geographical indication that indicates or suggests that such goods originate in a geographical area other than the true place of origin of such goods in a manner which mislead the public as to the geographical origin of such goods. When the use of geographical indication result in an unfair competition including passing off in respect of registered geographical indication. When the use of another geographical indication results in false representation to the public that goods originate in a territory in respect of which a registered geographical indication relates. Q: Who can initiate an infringement action? A : The registered proprietor or authorised users of a registered geographical indication can initiate an infringement action. Q: Can a registered geographical indication be assigned, transmitted, etc? A: No. A geographical indication is a public property belonging to the producers of the concerned goods. It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such other agreement. However, when an authorised user dies, his right devolves on his successor in title. Q: Can a registered geographical indication or a registered authorised user be removed from the register? A : Yes. The Appellate Board or the Registrar of Geographical Indications has the power to remove the geographical indication or an authorised user from the register. Further, on application by an aggrieved person action can be taken. Q: What is the difference between a Geographical Indication and trade mark? A : A trade mark is a sign which is used in the course of trade and it distinguishes goods or services of one enterprise from those of other enterprises. Whereas a geographical indication is an indication used to identify goods having special characteristics originating from a definite geographical territory. 101","","",""]